What is Incapacity? Incapacity is when a person is either under the age of 18 or is unable to provide food, clothing, shelter, or unable to manage their business and financial affairs. Guardianships are frequently created when difficulties present themselves in an individual’s life and his or her ability to…
The marital home is frequently the largest asset between the parties to be divided in a divorce. When and how the marital home was acquired will be a major factor in determining who gets the marital home temporarily and permanently. What is Exclusive Use and Possession? Exclusive use and possession…
What is a Statute of Limitations? The term “Statute of Limitations” refers to a law that limits the period for which one may file a lawsuit. This time period will typically vary by state and the type of suit that is being filed. For instance, the period of time for…
What is Domestic Violence? Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or…
There may be some negative stereotypes that are associated with Prenuptial Agreements. Typically, neither party wants to detract from the blissful atmosphere typical prior to a wedding. However, a Prenuptial Agreement can also help preserve a marriage. This is because there is certainty as to how things will terminate should…
It is important to know your rights following a divorce. The final judgment of dissolution and the parenting plan determine the legal playing field for the future. However, most issues are dynamic. Children get older and their schools change and sometimes their relationship with parents change. Incomes change, which can directly impact child support…
An injunction (or protective order) can be a good way for there to be an immediate response when children need to be protected from any person, including a parent. Many times, injunctions will come after the police and the Department of Children and Families are involved. The injunction process is…
Social media has become an everyday part of life for many people, including Florida residents. Oftentimes, conflicts between people begin on social media platforms. Other times, issues begin in the “real world”, but are carried out in forums like Facebook and Twitter. Recently, I encountered a situation that falls into…
1. “I brought my ‘friend’ with me to the interview.” You and I have an attorney client privilege. But once you bring in a third party, whether it’s a friend, a lover or whoever, the benefit of the attorney client privilege is gone. Unless that third party is named in…
An order to show cause is a type of court order that requires one or more parties in a court proceeding to come to court to justify, explain, or prove something to the court. Typically it means the Judge in a case needs more information before he or she decides…